There are lots of happy reports on the Supreme Court’s ruling throwing out EPA’s so-called Clean Power Plan. Some go so far as to suggest that EPA is barred from regulating power plant CO2 emissions.
It is not quite that simple and the result is rather amusing. EPA is still required to regulate CO2 under the terms of the Clean Air Act, but that Act provides no way to do that regulation. The Clean Power Plan attempted to expand an obscure minor clause in the Act to do the job but SCOTUS correctly ruled that the clause does not confer that kind of massive authority.
EPA is between a rock and a hard place. It should tell Congress that it cannot do the job and needs a new law, along the lines of the SO2 law added to the Act in 1990, curbing emissions. But such a law has zero chance of passing in the foreseeable future.
EPA is stuck. What they will now do is anybody’s guess. Enjoy their dilemma!
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